Derivative claims quantitative analysis 1874-2017

Gibbs-Kneller, David and Ogbonnaya, Chidiebere (2018). Derivative claims quantitative analysis 1874-2017. [Data Collection]. Colchester, Essex: UK Data Service. 10.5255/UKDA-SN-853366

The proposed project is designed to enhance my quantitative skills with a view to have a core impact on the strength of legal research and training in line with the British Academy and Economic and Social Research Council’s strategy. Therefore the project is aimed at enhancing my knowledge of advanced quantitative research techniques, to offer empirically based policy suggestions in legal studies and consequently use the knowledge acquired to mentor law students in quantitative research methods. The proposed project will be undertaken with the University of East Anglia’s (UEA) Eastern Academic Research Consortium (EARC). The EARC is a research partnership between the Universities of Kent, Essex and UEA. One of the EARC’s main areas is quantitative social science.

Data description (abstract)

The data looks to explore how the statutory derivative claim procedure is being applied de facto when compared with the equitable procedure. We investigate whether the procedure is more accessible to shareholders to increase their incentives to litigate. We do this through inference by analysing whether more claims establish a prima facie case, less time is spent in court, and whether more claims are successful. We also use the data to consider the effect the statutory procedure has on approximating the ‘efficient contract’ between shareholders and directors in achieving the corporate purpose of maximising the wealth of the company. If more claims are successful this may only tell us how the incentives are biased between the actors. To infer from the data conclusions about the corporate purpose we analyse the change between the two procedures concerning the quality and type of claims that have been brought.

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